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(영문) 대구지방법원 2015.08.18 2014가단119260
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 30, 1959, the Plaintiff, the husband of the Plaintiff, completed the registration of ownership transfer on the ground of sale as of November 1, 1959, with respect to the portion of 210.1/245.1/245 of the Plaintiff’s husband, and thereafter, the registration of ownership transfer was completed on the ground of sale as of November 5, 1987, with respect to the remaining portion of 35/10 on April 7, 1988, due to a trade as of November 5, 1987. On June 7, 1966, the registration of ownership transfer was completed on the instant land by constructing a cement block structure, straw-pit factory, and a house.

B. On May 20, 200, the Plaintiff completed the registration of ownership transfer on the instant land and its ground buildings due to inheritance due to a consultation and division as of November 24, 1999.

C. The instant road is owned by Daegu Metropolitan City. Since the Defendant granted permission to occupy and use the instant road to anyone living on the instant road in 1983, the Defendant has been granted permission to occupy and use the said road for reconstruction, etc. of the said road. On January 1, 2014, Nonparty E obtained permission to occupy and use the road for 65 square meters among the instant road from the Defendant (hereinafter “instant disposition”).

The road adjoining to the instant land is the only road, and the access road from the instant land to the instant road is the only alley length among the buildings connected to the instant road.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 11 (if there are virtual numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion and permission to occupy and use the road is to allow a private person to occupy the road site within a limited period to achieve a certain purpose, and the permission to occupy and use the road also.

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